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Comment: Flybe decision highlights EU's high bar for 'failing firm' defenses

By Andrew Boyce ( November 27, 2020, 14:47 GMT | Comment) -- Companies looking to play the "failing firm" card in merger reviews are unlikely to get much comfort from the European Commission’s full decision to clear Connect Airways’ takeover of Flybe, published this week. The regulator makes clear that it granted the approval because of structural remedies, after rejecting arguments that Flybe and its assets would exit the market without the takeover.Companies looking to play the “failing firm” card in merger reviews are unlikely to get much comfort from the European Commission’s full decision to clear Connect Airways’ takeover of Flybe....

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